The Supreme Court Closes Door In Gundy vs United States

The Supreme Court of the United States Closes Door in Gundy vs United States, but Leaves Open Window for Future Cases

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Moments ago, the Supreme Court of the United States upheld the federal government’s authority under SORNA, a 2006 law to require thousands of sex offenders to register with authorities in the states where they live. In a 5-3 decision, the justices ruled against Herman Gundy’s argument that in passing the law, Congress handed too much power to the U.S. attorney general in violation of the nondelegation doctrine. Justice Gorsuch’s dissent and Justice Alito’s concurrence provide an open window to future cases.

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NCLA put out the following statement:

"NCLA agrees with the Gundy vs United States dissenters that allowing 'the nation's chief prosecutor the power to write his own criminal code' is 'delegation running riot'-even for this single statute.  However, we take solace in the apparent willingness of four justices to reconsider the nondelegation doctrine in short order, and NCLA will be on the lookout for an appropriate case to bring to the Court’s attention for that purpose."  -Mark Chenoweth, Executive Director and General Counsel of NCLA

About NCLA

NCLA is a nonprofit civil rights organization founded by legal scholar Philip Hamburger to protect constitutional freedoms from violations by the Administrative State. NCLA’s public-interest litigation and other pro bono advocacy strive to tame the unlawful power of state and federal agencies and to foster a new civil liberties movement that will help restore Americans’ fundamental rights. For more information visit us online: NCLAlegal.org.




About the Author

Jacob Wolinsky
Jacob Wolinsky is the founder of ValueWalk.com, a popular value investing and hedge fund focused investment website. Prior to ValueWalk, Jacob was VP of Business Development at SumZero. Prior to SumZero, Jacob worked as an equity analyst first at a micro-cap focused private equity firm, followed by a stint at a smid cap focused research shop. Jacob lives with his wife and three kids in Passaic NJ. - Email: jacob(at)valuewalk.com - Twitter username: JacobWolinsky - Full Disclosure: I do not purchase any equities to avoid even the appearance of a conflict of interest and because at times I may receive grey areas of insider information. I have a few existing holdings from years ago, but I have sold off most of the equities and now only purchase mutual funds and some ETFs. I also own 2.5 grams of Gold